Courts and Civil Law (Miscellaneous Provisions) Act 2023

Amendment of section 117 of Act of 2018

77. Section 117 of the Act of 2018 is amended—

(a) by the substitution of the following subsection for subsection (3):

“(3) The District Court shall, subject to subsections 5A and 6A, and the Circuit Court shall, subject to subsections (5) and (6), concurrently with the High Court, have jurisdiction to hear and determine data protection actions.”,

(b) by the insertion of the following subsection after subsection (5):

“(5A) The compensation recoverable in a data protection action in the District Court shall not exceed the amount standing prescribed, for the time being by law, as the limit of that court’s jurisdiction in tort.”,

and

(c) by the insertion of the following subsection after subsection (6):

“(6A) The jurisdiction conferred on the District Court by this section may be exercised by the judge of any district in which—

(a) the controller or processor against whom the data protection action is taken has an establishment, or

(b) the data subject has his or her habitual residence.”.